RockFly Posted July 3, 2017 Report Share Posted July 3, 2017 Hi All, I have 1. A valid H1B visa with employer A name (who did my Visa processing) on my passport with validity until Sep 2018. 2. Transferred my petition to employer B before traveling to US and got the petition validity up to Jan 2019. Traveled to US and asked by immigration officer to have the new employer name on passport on next visit. He verified new I-797 B and wrote on visa of my passport - 17 Jan 2019, new I-797 B 3. Currently working with employer B. 4. Petition filed by employer A was revoked on 1st Apr 2016. 5. Now, planning for a vacation to India in the month of Aug/Sep 2017. Considering above information, my Question is Quote Do I have to go for new visa stamping at India for myself, wife and kid? OR Can I come back to US on old visa stamping (which has employer A name on passport which is valid till Sep 2018) and show new H1B petition (which is from Employer B currently working with validity till Jan 2019? Link to comment
shekar11# Posted July 3, 2017 Report Share Posted July 3, 2017 10 hours ago, RockFly said: Hi All, I have 1. A valid H1B visa with employer A name (who did my Visa processing) on my passport with validity until Sep 2018. 2. Transferred my petition to employer B before traveling to US and got the petition validity up to Jan 2019. Traveled to US and asked by immigration officer to have the new employer name on passport on next visit. He verified new I-797 B and wrote on visa of my passport - 17 Jan 2019, new I-797 B 3. Currently working with employer B. 4. Petition filed by employer A was revoked on 1st Apr 2016. 5. Now, planning for a vacation to India in the month of Aug/Sep 2017. Considering above information, my Question is You can use existing visa from old employer and use the new I-797 petition from new employer. No need for stamping. Link to comment
premkalyan521 Posted July 3, 2017 Report Share Posted July 3, 2017 14 hours ago, RockFly said: Hi All, I have 1. A valid H1B visa with employer A name (who did my Visa processing) on my passport with validity until Sep 2018. 2. Transferred my petition to employer B before traveling to US and got the petition validity up to Jan 2019. Traveled to US and asked by immigration officer to have the new employer name on passport on next visit. He verified new I-797 B and wrote on visa of my passport - 17 Jan 2019, new I-797 B 3. Currently working with employer B. 4. Petition filed by employer A was revoked on 1st Apr 2016. 5. Now, planning for a vacation to India in the month of Aug/Sep 2017. Considering above information, my Question is Technically you shud be good. In which POE you were asked to have new employer name on passport on next visit Try to avoid that POE this time Link to comment
RockFly Posted July 3, 2017 Author Report Share Posted July 3, 2017 Thank you shekar11# for clarifying my query. I have come to US on Mar 2016 in the same way as you have mentioned above (As was already transferred my petition to new employer while i was in India). My only worry is old petitioner/USCIS revoked my old petition and Immigration officer asked to change the employer name next time I go back to India. Will there be any issue at PoE when i return to US if i show old passport with old employer name on visa with new I-797 petition from new employer? Link to comment
pontevecchio Posted July 3, 2017 Report Share Posted July 3, 2017 There will be NO Issue. If there is please ask politely and firmly for a supervisor. In addition touch base with your employers lawyer and HR. Link to comment
RockFly Posted July 5, 2017 Author Report Share Posted July 5, 2017 Thank you pontevecchio, I am relieved. Thank you PremKalyan21 for your reply too. Link to comment
premkalyan521 Posted July 6, 2017 Report Share Posted July 6, 2017 On 7/4/2017 at 7:55 PM, RockFly said: Thank you pontevecchio, I am relieved. Thank you PremKalyan21 for your reply too. Tell us which port of entry it was Link to comment
premkalyan521 Posted July 6, 2017 Report Share Posted July 6, 2017 1 hour ago, RockFly said: PoE - Dallas Didn't u give the POE ,ur valid i797(Employer B) along with ur visa - passport Link to comment
RockFly Posted July 6, 2017 Author Report Share Posted July 6, 2017 When i have visited first time (Mar 2016, H1B transfer was already done at India) on H1B, I did gave my valid i797 from employer B along with Visa and passport. He did allowed me by giving I-94 until Visa expiry, however informed casually to change the employer name in the next visit. Now, I am going on vacation and wondering if i can come back without hassle of going for stamping for employer name change on visa-passport by showing valid i797 Link to comment
shekar11# Posted July 10, 2017 Report Share Posted July 10, 2017 On 7/6/2017 at 3:23 PM, RockFly said: When i have visited first time (Mar 2016, H1B transfer was already done at India) on H1B, I did gave my valid i797 from employer B along with Visa and passport. He did allowed me by giving I-94 until Visa expiry, however informed casually to change the employer name in the next visit. Now, I am going on vacation and wondering if i can come back without hassle of going for stamping for employer name change on visa-passport by showing valid i797 Visa is not needed even if old employer has revoked petition. Your new employer petition is the one that is important. Enjoy your vacation and come back. Link to comment
RockFly Posted July 21, 2017 Author Report Share Posted July 21, 2017 Thank you Shekar11#, Appreciate your response and relieved of stamping tension now. Link to comment
RockFly Posted August 3, 2017 Author Report Share Posted August 3, 2017 Thank you all for the information and i forgot to mention another thing. When we entered US, my wifes passport was having a validity of 6 months and immigration officer informed us that I-94 will be given until new petition expiry date as he don't want us to run around for H4 extension with my then 2 yr old kid. He told us that usually, they give I-94 until passport expiry date. We got new passport for my wife and I assume we don't need to go for her stamping as well, please advise. Link to comment
pontevecchio Posted August 3, 2017 Report Share Posted August 3, 2017 https://www.murthy.com/2016/11/10/validity-of-h1b-visa-stamp-following-a-change-of-employer Link to comment
RockFly Posted October 2, 2017 Author Report Share Posted October 2, 2017 I wanted to update that we have returned to US after our vacation to India. CBP officer at Dallas didn't asked any questions. He provided my I-94 up to Sep 19, 2018 (Visa end date on my passport was Sep 9, 2018). My earlier I-94 was until Jan 19, 2019 as per new I-797B. This time, they didn't ask for any petitions and directly went ahead with providing I-94 until Sep 19, 2018. I have not interfered with the process as i was afraid that he will ask more questions and the situation may end-up differently. I lost 4 months compared my earlier I-94, however, it feels good that i do not need to go for stamping when i change companies and when i have valid passport with old employer name. All of you guys are awesome and provided accurate information regarding my situation. Thanks a lot.. Link to comment
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